Order No. 27 Dated 21-04-2014.
The case of the complainant in short is that complainant presently being a partnership firm has a shop room show room having stocks of wrist watches of different prices and models of Titan make wherein watches are sold to the customers. The shop opens at 10-00 a.m. and closes at 8-00 p.m. 4/5 employees are there for sales and service. O.p. no.1 carries on business in General Insurance having its divisional office at 11, U.N. Brahmachari Street, P.S. Shakespeare Sarani, Kolkata-700017. O.p. insurance company had issued a Burglary Policy bearing no.2200000109 in favour of the complainant effecting from 20.2.06 to 19.2.07 on receipt of premium as demanded wherein o.p. agreed to grant insurance coverage of Rs.60,30,000/- only for the property at Show room Com Show room for Titan wrist watches and for its furniture, fixtures and fittings etc. (Rs.55 lacs for stocks of wrist watches and Rs.5,30,000/- for furniture, fixtures and fittings).
On 29/30.09.2006 in between 9-00 p.m. and 10-00 a.m. the miscreants broken open the grill had entered into the said shop room and quite a good number of wrist watches were ransacked and stolen. The incident of theft was first discovered by the partner of the firm Mr. Sujit Saha on 30.9.06 at about 10-15 a.m. when he opened the shop room. Immediately thereafter it was duly informed to the local P.S. Behala. The incident of the theft was also duly informed by the complainant to o.p. with a request to depute a surveyor for assessing the loss. The incident of theft was duly informed to Behala P.S. immediately after its discovery on 30.9.06. Police came on that very date and started investigation. They took the security guard of the showroom for interrogation. Again they had interrogated other staff of the showroom for necessary investigation. On 1.10.06, finally they took the statements of the complainant as such FIR was lodged to Behala P.S. on 2.10.06 which was registered as FIR No.0275.
Having been informed, the insurance company had appointed one surveyor named as Alok Banerjee to survey and to assess the loss. The said surveyor vide letter dt.9.10.06 had requested the complainant to supply the documents as per the lists contained in the said letter. Pursuant to that letter the complainant supplied all the papers / documents to the said surveyor at different point of time vide letters dt.24.10.06 and 14.11.06 respectively. The police had submitted the Final Police Report bearing no.213 dt.31.10.06 u/s 461/379 IPC in Behala P.S. Case No.275(10). Complainant had submitted the claim form duly filled in and signed dated together with the claim bill for the loss. Complainant has also submitted the stock statements (before theft and after theft as on 29.9.06 and 3.10.06) and loss assessment showing total loss of Rs.7,47,280/- due to theft.
The surveyor Sri Alok Banerjee after completion of survey has submitted his report to the insurance company together with all annexure. Thereafter insurance company has appointed another surveyor Sri Souren Chatterjee for further survey, inspection and verification of the documents. Pursuant to his requirement, the complainant has supplied all the documents. The said surveyor after completion thereof had submitted his report to the insurance company. Insurance company remained silent and did not pay the legitimate claim to the complainant. Hence, the case was filed by the complainant with the prayers contained in the petition of complaint.
O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to pay a sum of Rs.7,47,280/- (Rupees seven lakhs forty seven thousand two hundred eighty) only towards total loss of the wrist watches due to theft and is further directed to pay to the complainant a sum of Rs.25,000/- (Rupees twenty five thousand) only as compensation for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
